QUESTION 1. (African Customary Law: IND2601) a. Discuss the implications of sections 30 and 31 of the Constitution for the recognition of customary law. b. Prescription of a debt or a claim is unknown in customary law. Evaluate this statement. c. Discuss the case and judgement in the case of Gumede v President of the Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the following: (i) The facts of the case (ii) The legal question that was answered by the court (iii) The decision of the court and reasons for the judgement QUESTION 2 (African Customary Law : IND2601) a. In African customary law, Public Law refers to legal relations between (1) People whether individuals or group (2) A government and its subjects (3) Law and human relationships (4) Individuals and groups as private persons b. One of the following sections in the Constitution of South Africa does not signify recognition of customary law. Which one is it? (1) Section 2 (2) Section 15 (3) Section 31 (4) Section 112. c. Which of the following statements apply to the ukutheleka custom? (1) It is practised by all Sotho tribes (2) It entails that the wife is "kidnapped" by her people (3) It is used for the maintenance of the woman (4) It means that the lobolo is delivered in instalments. d. In terms of the Recognition of Customary Marriages Act..... (1) marriages not registered in terms of the Act are void. (2) parties to an unregistered marriage are liable to a fine.IND2601/101/3/2021 19 (3) Unregistered marriages are awarded the status of a union. (4) the customary marriage is not void for failure to register. e. A customary marriage can only be dissolved ... (1) by the death of one of the spouses. (2) by a family court, or a competent division of the High court or a divorce court or an equality court. (3) on the ground of irretrievable breakdown of the marriage. (4) if the court is satisfied that one of the parties has committed adultery resulting to the birth of a child. f. Which of the following factors influenced a person's status in customary law? (1) wealth (2) rank (3) popularity (4) class g. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole of section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated thereunder to be unconstitutional and invalid because... (1) the Act was manifestly racist in its purpose and effect because it discriminated on the grounds of race and colour. (2) the combined effect of section 23 and the regulations was to put in place a succession scheme which discriminated on the basis of race and colour applying only to white people. (3) the discrimination it perpetrated was an affront to the dignity of white persons. (4) it was inconsistent with the right to life guaranteed in section 11 of the Constitution.20 h. Which statement is NOT applicable to The Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009? The Act (1) Affords children adopted in accordance with customary law equal treatment as children adopted under common law for inheritance purposes. (2) Affords a woman whom a deceased man entered into union with, for purposes of providing children on behalf of his spouse to be considered a spouse for inheritance purposes. (3) Defines a woman-to-woman marriage as a practice that affords a widow to marry another woman to raise an heir for her late husband. (4) Amends rules of customary law that regulates the disposal of the property, which a traditional leader held at death on behalf of a traditional community. i. The inquisitorial nature in court process means that the court .... (1) Plays an active part in examining the parties and witnesses in order to determine the truth. (2) All evidence is admissible and is judged on the merits of the court. (3) Evidence is presented orally in a statement made in court by a party or witness. (4) Any person present in court may submit further evidence in support of evidence given. j. In African customary law... is an example of a crime that can defile a community. (1) contempt of the ruler (2) rape (3) stock theft (4) ukuthwala (bride kidnapping) k. In African customary law, intent is NOT imputed to..... (1) a bewitched person. (2) an uncircumcised person. (3) intoxicated or drugged person. (4) a child of stock herding age.IND2601/101/3/2021 21 l. Which of the following will the Premier of a province engage in to recognise a senior traditional leader, headman or headwoman? (1) issue a notice in the provincial gazette recognising the person so identified (2) call a tribal council meeting to announce the appointment (3) appoint the particular traditional leader to the relevant House of Traditional leaders (4) organise a celebration of the appointment in the community m. The traditional private council membership is composed of (1) all ward heads and the ruling family of the community. (2) all adult men of the traditional community. (3) adhoc membership varying according to the Leader's nominees. (4) adult men and women of the traditional community. n. Some of the powers and duties of the National House of Traditional Leaders include that (1) it must be consulted on provincial government development programs that effect ordinary communities. (2) it must enhance co-operation between the House and the various provincial houses with a view to addressing matters of common interest. (3) it may perform tasks as may be determined by a member of the national Cabinet or as may be provided for in national legislation. (4) it may consider Parliamentary Bills referred to it by the Secretary to Parliament in terms of section 18 of the Traditional Leadership and Governance Framework Act 41 of 2003. o. The requirements for the reasonableness of an administrative order of a traditional leader include the following. Which of these does NOT define the reasonableness of the order? (1) The consequences and effect of the order must be possible. (2) The rights and freedom of subjects must not be exceedingly burdened by the exercise of discretion. (3) The consequences and effect of the order must distinguish between age regiments. (4) There must be no discrimination between individuals or groups, except where the law permits